Personal Injury

Portland Oregon Personal Injury Attorneys

Based out of Portland, Oregon, Clark Law & Associates, LLC, handles various types of personal injury and property damage cases primarily in Multnomah, Clackamas and Washington Counties. We also accept cases anywhere in Washington State or Oregon.

Most plaintiff’s personal injury cases are accepted on a contingency fee basis. Some smaller cases worth less than $10,000.00 may even qualify for attorney fees and costs under ORS 20.080 after a lawsuit is filed. If someone is accusing you of negligence and you need a defense attorney, you should inquire about whether or not your insurance company will provide you with an attorney, assuming you have insurance. Otherwise, for defense of civil cases I charge my normal hourly rates or offer to do the case on a flat fee basis. Call (503) 238-1010 for a free initial phone consult to determine if we are willing to accept your case.

What is the statute of limitations? It is the deadline to file a lawsuit. If you do not file a lawsuit by the deadline, you will likely be barred from recovering any compensation for your injuries. There are limited exceptions. For instance if there is an written tolling agreement, then the statute of limitations can be tolled per the agreement.
What is the statute of limitations on a personal injury case in Oregon? Under O.R.S. 12.110(1), it is generally two years. However, there are some exceptions.
Are there any other deadlines in Oregon other than the statute of limitations? Yes. If your injury is due to a governmental agent or employee, tort claim notice under ORS 30.275(2)(b) must be submitted within 180 days. If your injury is due to a drunk driver because a bartender served too much alcohol, you must give the bar proper dram shop notice within one year under ORS 471.565(3)(b). Under ORS 30.905 there are additional deadlines in product liability claims. ORS 12.110 provides even more deadlines on cases, such as malpractice claims. The Oregon legislature changes the law from time to time, so it is best to call (503) 238-1010 so an attorney can determine your deadlines after hearing the facts of your particular case.
What is the statute of limitations in Washington State? Under RCW 4.16.080 the statute of limitations is generally three years in a case for personal injury. However, there are some exceptions.
What is the likelihood that I will settle my case without a lawsuit?
Approximately half of all cases settle prior to litigation based upon a demand package. A demand package includes a demand letter which outlines the facts, theories of liability and a demand for a settlement. Included with the demand letter are corroborating documents. Usually after a demand package is sent to the insurance company of an at-fault party, a settlement offer is made or liability is denied. If liability is denied, a decision needs to be made if it is worth filing a lawsuit. If a settlement offer is made then a negotiated offer can be accepted. If settlement cannot be negotiated, the alternative is to file a lawsuit. Sometimes a mutually acceptable settlement is negotiated shortly after a lawsuit is filed.

If a case cannot be settled shortly after the lawsuit is filed, it is prepared for either arbitration or trial. Depositions are taken and evidence is exchanged. Sometimes after depositions are taken and evidence is more fully exchanged, the case settles. Otherwise the case goes to arbitration or trial.
Disclaimer: Legal information on this site is only for general purposes and may not be timely updated. Any information on this site is not a substitute for legal representation and application of the current laws to your case.

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